Vico Food Box - Terms and conditions of use

These Terms govern the use of this Website and any other Agreement or legal relationship with the Owner in a binding manner. The capitalized expressions are defined in the relevant section of this document.

The User is requested to read this document carefully.

The entity responsible for this Website is:

Cegua s.r.l.
Via Petraro 337 – 80050 – S.M. la Carità (NA) - VAT No. 09500031217
Owner's email address: info@vicofoodbox.com

Information about this Website

Vicofoodbox.com is an online shipping service for Italian products with free shipping throughout Europe. Italy at your doorstep, wherever you are.

Quick facts to know

Please note that certain provisions of these Terms may only apply to specific categories of Users. In particular, some provisions may apply only to Consumers or only to Users who are not acting as Consumers. Such limitations are always explicitly mentioned in each relevant clause. In the absence of such mention, the clauses apply to all Users.

The right of withdrawal applies only to European Consumers.

The use of this Website and the Service is reserved for Users who are of legal age under the applicable law.

TERMS OF USE

Unless otherwise specified, the terms of use of this Website set forth in this section have general validity.

Additional terms of use or access applicable in particular situations are expressly indicated in this document.

By using this Website, the User declares to meet the following requirements:

There are no restrictions related to the Users regarding whether they are Consumers or Professional Users;

The User is of legal age under the applicable law;

REGISTRATION

To use the Service, the User can open an account by providing all the required data and information in a complete and truthful manner.

The Service can also be used without registering or creating an account. In such a case, however, certain features may not be available.

It is the Users' responsibility to keep their access credentials safe and to preserve their confidentiality. For this purpose, Users must choose a password that corresponds to the highest level of security available.

By creating an account, the User agrees to be fully responsible for any activity carried out with their access credentials.

Users are required to inform the Owner immediately and unambiguously through the contact details indicated in this document if they believe their personal information, such as the User account, access credentials, or personal data, have been breached, unlawfully disseminated, or stolen.

REGISTRATION REQUIREMENTS

The registration of a User account on this Website is subject to the conditions specified below. By registering an account, the User confirms that they meet these conditions.

Opening accounts via bots or other automated means is not allowed.

Unless otherwise specified, each User can create only one account.

ACCOUNT CLOSURE

The User is free to close their account and cease using the Service at any time by following this procedure:

Contacting the Owner through the contact details in this document.

ACCOUNT SUSPENSION AND CANCELLATION

The Owner reserves the right to suspend or delete a User's account at any time at its own discretion and without notice, if it deems it inappropriate, offensive, or contrary to these Terms.

The suspension or deletion of the account does not entitle the User to any compensation, reimbursement, or indemnification.

The suspension or deletion of an account for causes attributable to the User does not exempt the User from paying any fees or prices that may apply.

CONTENT ON THIS WEBSITE

Unless otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable laws or third-party rights. However, it is not always possible to achieve this result.

In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to direct any related complaints to the contact details specified in this document.

RIGHTS ON THE CONTENT OF THIS WEBSITE

The Owner explicitly retains and reserves all intellectual property rights over the aforementioned content.

Users are not authorized to use the content in any way that is not necessary or implied in the proper use of the Service.

In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/assigning to third parties, or creating derivative works from the content available on this Website, or allowing third parties to undertake such activities through their User account or device, even without their knowledge.

Where expressly indicated on this Website, the User is authorized to download, copy, and/or share certain content available on this Website exclusively for personal and non-commercial purposes and provided that proper attribution of authorship is observed, along with any other relevant circumstance required by the Owner.

Limitations and exclusions provided by copyright law remain unaffected.

CONTENT PROVIDED BY USERS

The Owner allows Users to upload, share, or offer their own content on this Website.

By providing content to this Website, the User declares to be legally authorized to do so and confirms that such content does not violate any laws and/or third-party rights.

The additional requirements that content must meet to be considered "acceptable" are specified in the relevant section of this Website where the permitted use is indicated.

RIGHTS ON CONTENT PROVIDED BY USERS

The User acknowledges and accepts that by providing their own content to this Website, they grant the Owner a non-exclusive, free right to process the content for the operation and maintenance of this Website, as contractually provided.

To the extent permitted by law, the User waives the exercise of moral rights in relation to the content provided to this Website.

Users acknowledge and accept that the content they offer through this Website will be made available under the same conditions applicable to the content of this Website.

LIABILITY FOR PROVIDED CONTENT

The User is solely responsible for the content they upload, publish, share, or otherwise provide to this Website. The User acknowledges and accepts that the Owner does not filter or moderate such content.

Nevertheless, the Owner reserves the right to remove, delete, block, or rectify such content at its discretion and to deny access to this Website to the User who uploaded it, without notice:

• if it has received a complaint related to such content;
• if it has received a notice of infringement of intellectual property rights;
• by order of the Authority;

if it has been brought to the Owner's attention that such content, if accessible through this Website, may pose a risk to Users, third parties, or the availability of the Service.

The removal, deletion, blocking, or rectification of content does not entitle Users who provided such content to any compensation, reimbursement, or indemnification.

Users agree to hold the Owner harmless from and against any claims made and/or damages suffered due to content they provided to or offered through this Website.

ACCESS TO EXTERNAL RESOURCES

Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and therefore is not responsible for their content and availability.

The conditions applicable to resources provided by third parties, including those applicable to any grants of rights over content, are determined by those third parties and governed by the relevant terms and conditions or, in their absence, by law.

PERMITTED USE

This Website and the Service may only be used for the purposes for which they are offered, according to these Terms and under applicable law.

It is the sole responsibility of the User to ensure that the use of this Website and/or the Service does not violate laws, regulations, or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measures to protect its legitimate interests, including denying the User access to this Website or the Service, terminating contracts, reporting any censurable activity carried out through this Website or the Service to the competent authorities – e.g., judicial or administrative authorities – whenever the User engages in or there is a suspicion that they engage in:

violations of laws, regulations, and/or the Terms;

infringements of third-party rights;

acts that may significantly harm the legitimate interests of the Owner;

offenses against the Owner or a third party.

SOFTWARE LICENSES

Any intellectual or industrial property rights, as well as any other exclusive rights existing on the software or technology integrated into or related to this Website, are held by the Owner and/or its licensors.

Provided that the User complies with these Terms and notwithstanding any contrary provisions contained therein, the Owner grants Users a revocable, non-exclusive, non-transferable, and non-sublicensable license to use the software and/or technology integrated into the Service within the scope and for the purposes of this Website and the Service offered.

The license does not include any right of access to, use, or disclosure of the original source code to the User. The techniques, algorithms, and procedures contained in the software and related documentation are the exclusive property of the Owner or its licensors.

The grant of rights and licenses to the User terminates immediately upon termination or expiration of the Agreement.

API USAGE TERMS

Users may access their data related to this Website through the Application Program Interface (API). Any use of the API, including through third-party products or services that access this Website, is subject to these Terms and in addition to the following specific conditions:

The User expressly acknowledges and accepts that the Owner is not liable for any damages or losses resulting from the User’s use of the API or third-party products or services accessing data via the API.

TERMS AND CONDITIONS OF SALE

Paid Products

The Products offered on this Website as part of the service are paid.

The fees, duration, and conditions applicable to the sale of such Products are described below and in the respective sections of this Website.

Product Description

Prices, descriptions, and availability of Products are specified in the respective sections of this Website and are subject to change without notice.

Although Products on this Website are presented with the utmost technical accuracy, the representation on this Website through any means (including, where applicable, graphic materials, images, colors, sounds) is to be considered as a mere reference and does not imply any warranty regarding the features of the purchased Product.

The features of the selected Product will be specified during the purchasing process, and the product nomenclature must be relied upon.

Purchase Procedure

Each stage, from product selection to order submission, is part of the purchase procedure.

The purchase procedure includes the following steps:

Users are requested to select the desired Product and verify their purchase choice.

After checking the information visible in the purchase choice, Users can place the order by submitting it.

Order Submission

Order submission entails the following:

The submission of the order by the User constitutes the conclusion of the contract and creates an obligation for the User to pay the price, taxes, and any additional charges and fees as specified on the order page.

If the purchased Product requires an active contribution from the User, such as providing information or personal data, specifications, or special requests, the submission of the order also constitutes an obligation for the User to cooperate accordingly.

Once the order is submitted, Users will receive an order confirmation.

All notifications related to the described purchase procedure will be sent to the email address provided by the User for this purpose.

Prices

During the purchase procedure and before submitting the order, Users are duly informed of all fees, taxes, and costs (including any shipping fees) that will be charged to them.

Prices on this Website:

include all applicable fees, taxes, and costs.

Promotions and Discounts

The Owner may offer discounts or special promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions specified in the relevant section of this Website.

Promotions and offers are always granted at the Owner’s discretion.

Repeated or periodic promotions or discounts do not constitute any claim or right enforceable by Users in the future.

Depending on the case, discounts and promotions are valid for a specific period or until stocks are exhausted. Unless otherwise specified, time limitations for promotions and discounts refer to the time zone of the Owner’s location as indicated in the contact details in this document.

Vouchers

Promotions and discounts may be offered in the form of Vouchers.

In case of violation of the conditions applicable to Vouchers, the Owner may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate action, including legal action, to protect its rights and interests.

Any additional or divergent provisions applicable to the use of Vouchers listed on the relevant informational page or on the Voucher itself prevail in any case, regardless of the following provisions.

Unless otherwise specified, the following rules apply to the use of Vouchers:

Each Voucher is valid only if used according to the methods and within the time period specified on the website and/or on the Voucher;

The Voucher can only be redeemed in full at the time of purchase – partial use is not allowed;

Unless otherwise specified, single-use Vouchers can be redeemed only once per purchase and can therefore be redeemed only once even in the case of installment purchases;

Vouchers are not cumulative;

The Voucher must be used within the validity period specified. After the expiry date, the Voucher will be automatically canceled. Any claim for rights, including a refund of the Voucher’s value, is excluded;

The User is not entitled to any credit/refund/compensation in the event of a difference between the value of the Voucher and the value redeemed;

The Voucher is intended solely for non-commercial use. Reproduction, counterfeiting, and commercialization of the Voucher are strictly prohibited, as well as any illegal activity related to the purchase and/or use of the Voucher.

Vico Fidelity Card

For information and details on the Vico Fidelity Card, refer to the regulation.

Payment Methods

Details of the accepted payment methods are highlighted during the purchase procedure.

Some payment methods are subject to additional conditions or incur additional costs. Detailed information is provided in the relevant section of this Website.

All payments are managed independently by third-party services. Therefore, this Website does not collect payment data – such as credit card numbers – but receives a notification once the payment is successfully completed.

If a payment made using one of the available methods fails or is rejected by the payment service provider, the Owner is not obligated to fulfill the order. Any costs or fees resulting from the failed or rejected payment are borne by the User. In the case of payment by bank transfer, until the payment is accepted by the bank, the payment cannot be confirmed.

Authorization for Future Payments via PayPal

If the User authorizes the PayPal feature that allows future purchases, this Website will store an identification code linked to the User's PayPal account. This Website will then be able to process payments automatically for future purchases or for periodic payments of a previous purchase.

The authorization can be revoked at any time by contacting the Owner or by changing the personal settings on PayPal.

Ownership Reservation

Until the Owner receives the full payment of the purchase price, the User does not acquire ownership of the ordered Products.

Rights of Use Reservation

Until the Owner receives the full payment of the purchase price, the User does not acquire the rights of use of the ordered Products.

Delivery

Deliveries are made to the address provided by the User and according to the methods indicated in the order summary.

Upon delivery, Users must check the contents of the package and promptly report any anomalies to the contact details provided in this document or as described in the delivery note. Users may refuse to accept the package if visibly damaged.

Delivery may occur in the following countries or territories: Austria, Belgium, France*, Germany, Italy, Liechtenstein, Luxembourg, Netherlands, Portugal, Spain**, **United Kingdom (UK), Ireland, Bulgaria, Croatia, Denmark, Estonia, Finland, Greece*, Latvia, Lithuania, Poland, Czech Republic, Romania, Slovakia, Sweden, Hungary.

Delivery times are indicated on this Website under "Where We Ship" or during the purchase procedure. However, any delays due to external causes following third-party carriers cannot be attributed to the Website Owner.

Failure to Deliver

The Owner is not responsible for any delivery errors resulting from inaccuracies or omissions made by the User in completing the purchase order, nor for any damages or delays occurring after delivery to the carrier if the carrier was appointed by the User.

The Customer acknowledges and accepts that if delivery of the Products is not possible due to their (or the person appointed to receive the delivery) absence at the time of delivery, the Products will not be removed from the order, and the related amount will not be refunded to the Customer.

If the goods are not delivered or picked up at the time or within the established deadline and are returned to the Owner, the Owner will contact the User to schedule a second delivery attempt or agree on further measures.

Unless otherwise specified, each delivery attempt beyond the first will be at the User's expense.

If the shipping status on the carrier's website is “Delivered” but the customer has not actually received the purchased products, the Owner commits to opening a claim and/or signature dispute with the carrier in the following cases: 

1.       Loss of package by the courier;

2.       Recipient's non-recognition of their signature on the delivery proof.

Timeframe for filing a complaint:

– 7 days from the incorrect update on the courier's website, by sending an email to: servizioclienti@vicofoodbox.com
– 48 hours to complete and sign any required documents, if necessary.

After these timeframes, it will not be possible to request the opening of a complaint, and the shipment will be considered delivered properly.

If these conditions are met, the Owner commits to verifying the truthfulness of the reported event by interfacing with the courier.

If the Owner confirms the truthfulness of the reported event by the recipient of the package, they will, after completing verification procedures, arrange for the redelivery of the goods at their own expense.

However, the Owner does not provide refunds for the aforementioned cases (Loss of package by the courier; Recipient's non-recognition of their signature on the delivery proof).

Customer cooperation in case of courier delays:

In the event of a delay in the shipment of your order caused by the courier, Vico Food Box is fully committed to assisting the customer and trying to resolve the issue caused by the courier as quickly as possible.

We kindly ask the customer to cooperate to facilitate the resolution of the shipment when requested, such as providing additional information, confirming the delivery address, or taking any other actions necessary to ensure correct delivery.

The customer is required to provide a local, valid, and reachable phone number so that the courier can easily contact them if needed.

The customer must contact the local shipping numbers provided by the couriers, which we will provide when necessary.

Your cooperation is essential to ensure quality service.

We inform the customer that in the event of a return due to lack of cooperation, disinterest, or refusal to cooperate, the responsibility for the failed delivery will be borne by the customer, who, if desired, will have to cover the costs of reshipping the package.

Service Performance

The purchased service will be executed or made available within the times indicated on this Website or according to the methods communicated before placing the order.

Delivery to a Parcel Shop

The Owner is not responsible for the arrangements made by the courier in case the goods are delivered to a pickup point.

Furthermore, the Owner does not assume responsibility for lost boxes if a parcel shop is chosen as the shipping address.

The User is required to collect the goods from the address specified by the courier within the time limits set by the courier.

In case of failure to collect and subsequent return of the goods to the Owner, the products will not be removed from the order, and the corresponding amount will not be refunded to the Customer. The Owner will contact the User to schedule a second delivery attempt or agree on further measures. In this case, any additional shipping costs will be borne by the User unless otherwise specified.

User Rights

Right of Withdrawal:

Who has the right of withdrawal

Pursuant to Article 59, paragraph 1, letters d) and e) of Legislative Decree No. 206 of September 6, 2005 (Consumer Code https://www.brocardi.it/codice-del-consumo/parte-iii/titolo-iii/capo-i/sezione-ii/art59.html), the right of withdrawal is excluded with respect to:

• Goods that risk deteriorating or expiring rapidly
• Sealed goods that are not suitable for return for reasons of hygiene or health protection and that have been opened after delivery
• Goods purchased by a non-consumer Customer who buys with a VAT number.
• The supply of goods or services whose price is linked to fluctuations in the financial market that the professional cannot control and that may occur during the withdrawal period;
• No refund is provided for withdrawal from the order due to a delay in delivery by the courier.

With reference to the cases of exclusion from the right of withdrawal listed above, the Customer is specifically informed and accepts that among the Products that “risk deteriorating or expiring rapidly“ are all food products, as their characteristics and quality are subject to alteration even due to improper storage. Therefore, for hygiene and user protection reasons, the right of withdrawal is applicable only for Products purchased on the Website that can be returned intact in their respective seal and resold without endangering consumer health.

Exercise of the Right of Withdrawal

The Customer may exercise the right of withdrawal, pursuant to Articles 52 and following of Legislative Decree 206/2005, in relation to specific Products, different from those listed in the previous paragraph and in cases other than those indicated in the previous paragraph, provided that they have not been opened or their seals altered after delivery.

In cases where the exercise of the right of withdrawal is permitted, the Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty.

To exercise the right of withdrawal, the Customer must send, within 14 days from the date of delivery of the Products, a written communication by email to the following address: servizioclienti@vicofoodbox.com with the subject “Exercise of the right of withdrawal order no.“, providing the following information:

1. order number and purchase date;
2. order delivery date;
3. the name and address of the Customer;
4. the Customer's email and phone contact;
5. the article code or codes for which the right of withdrawal is intended to be exercised.

The right of withdrawal applies to the Product purchased in its entirety; therefore, if the Product is composed of multiple components or parts, the right of withdrawal cannot be exercised only on part of the Product purchased.

Upon receipt of the withdrawal communication, the return shipping costs will be borne by the customer. To receive the agreed refund, the goods must be delivered to the Owner within 14 days from the date of the withdrawal request at the following address:

Cegua S.R.L.
Via Antonio Labriola n.49
80026 Arpino NA
Italy

The return is entirely at the User's expense.

In case of exercising the right of withdrawal, the Owner will refund the User the entire amount of the returned Products within 14 days from the date on which the withdrawal communication was received, without prejudice to the Owner's right to suspend the refund until the Products are actually received. The refund will be made using the same payment method used by the User.

Effects of Withdrawal

The Owner will refund all payments received, including, if made, those related to delivery costs to Users who have correctly exercised the right of withdrawal.

However, the additional cost resulting from the choice of a particular delivery method different from the standard delivery offered by the Owner will remain at the User's expense.

The refund is made without undue delay and in any case within 14 days from the day on which the Owner has been informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same payment method used for the initial transaction. The User will not incur any costs as a result of withdrawal.

… on the purchase contracts of physical goods

Unless the Owner has offered to collect the goods, the User must return them to the Owner or another person authorized by the Owner to receive them without undue delay and in any case within 14 days from the day on which the User communicated their intention to withdraw from the contract.

The deadline is met if the goods are handed over to the courier or another authorized person before the expiration of the 14-day period mentioned above. The refund may be withheld until receipt of the goods or until the User has provided proof of having returned them.

The User is liable for any diminished value of the goods resulting from use of the goods other than what is necessary to establish their nature, characteristics, and functioning.

The return shipping costs are at the User's expense.

Legal Warranty of Product Conformity

The Owner is responsible for any defects in the products offered on the site, including non-compliance of items with the products ordered, in accordance with Italian law.

The characteristics that indicate the presence of defects and non-compliance of the ordered goods are:

Damage occurring during transportation. Inconsistencies between the purchased good and the received good concerning the characteristics of the good and not based on its packaging (see the "Product Description" paragraph). Although the Products on this Website are presented with the highest technical accuracy possible, the representation on this Website through any means (including, where applicable, graphic materials, images, colors, sounds) is to be considered as a mere reference and does not imply any guarantee regarding the characteristics of the Product purchased. In the case of acceptance of replacement, no compensation will be made.

Goods received with a date of expiration prior to the date of receipt and/or with an imminent expiration date (For more information see the "Product Expiry" paragraph)

In case of defects of conformity, the Customer must contact the Owner within 7 days of receipt of the goods at the email address servizioclienti@vicofoodbox.com or through the "Contact Us" section of the Website, specifying the defects found and documenting them with photographic material.

It is noted that in the absence of photographic evidence, the User will not be able to make any claim for compensation.

The sale of Products is subject to the legal warranties provided for by Articles 129, 130, and 132 of the Consumer Code. In case of non-conformity, the Customer who has entered into the contract as a consumer will be entitled, alternatively, to:

Refund or appropriate reduction of the price concerning the products found to be non-compliant;

Replacement of the product found to be non-compliant at the Company's expense, unless such remedy is excessively burdensome compared to the value of the non-compliant product;

Termination of the contract in the event of a serious defect of conformity, to be considered in relation to the overall value of the expenditure made.

Product Expiry

The Owner is committed to guaranteeing a minimum expiry for each category of goods at the time of delivery. The guaranteed minimum expiry dates are:

Upon receipt of the order, the Customer is required to check the expiry date of all received goods and report any non-conformities – to be understood only in the case of already expired products or products close to expiry – within 7 days of delivery, providing photographic evidence of all affected products where the expiry date on the packaging is clearly visible.

• 1 Month for fresh products (Cold Cuts & Cheese);
• 1 Month for Mulino Bianco brand snack cakes (Mulino Bianco tends not to use preservatives and therefore expiry dates may be shorter).
• 1 Month for all baked goods.
• 3 Months for daily consumption products (snack cakes, biscuits);
• 1 Year for preserves and canned goods (canned sauces, pasta, drinks).

If one or more goods are found to be expired, the Customer will be entitled, alternatively, to:

Refund or appropriate reduction of the price concerning the products found to be non-compliant;

Replacement of the product found to be non-compliant at the Company's expense, unless such remedy is excessively burdensome compared to the value of the non-compliant product;

Termination of the contract in the event of a serious defect of conformity, to be considered in relation to the overall value of the expenditure made.

The Owner has the full right to refuse any claim regarding non-expired goods based on subjective and non-demonstrable perceptions. If the Customer believes that a non-expired product is qualitatively below their expectations or not to their taste, they will not be able to make any claims for refund, replacement, or other compensation.

No Implicit Waiver

The failure to exercise legal rights or claims arising from these Terms by the Owner does not constitute a waiver of such rights. No waiver can be considered final regarding a specific right or any other right.

Service Interruption

To ensure the best level of service possible, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates, or any other modifications, giving appropriate notice to Users.

Within the limits of the law, the Owner reserves the right to suspend or terminate the Service entirely. In the event of Service termination, the Owner will make every effort to allow Users to extract their Personal Data and information according to legal provisions.

Additionally, the Service may be unavailable due to causes beyond the reasonable control of the Owner, such as force majeure (e.g., strikes, infrastructure malfunctions, blackouts, etc.).

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell, or exploit this Website or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate resale program.

Privacy Policy

Information on the processing of Personal Data is contained in the privacy policy of this Website.

Intellectual Property

Without prejudice to any more specific provision contained in the Terms, intellectual and industrial property rights, such as copyright, trademarks, patents, and designs relating to this Website are exclusively held by the Owner or its licensors and are protected by applicable laws and international treaties on intellectual property.

All trademarks – word marks or figurative – and any other distinctive signs, company names, service marks, illustrations, images, or logos appearing in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected by applicable laws and international treaties on intellectual property.

Amendments to the Terms

The Owner reserves the right to modify the Terms at any time. In such a case, the Owner will give appropriate notice of the changes to Users.

Changes will have effects on the relationship with the User only for the future.

Continued use of the Service implies the User's acceptance of the updated Terms. If the User does not wish to accept the changes, they must cease using the Service. The failure to accept the updated Terms may result in either party's right to terminate the Agreement.

The previous applicable version continues to govern the relationship until the User's acceptance. This version can be requested from the Owner.

If required by applicable law, the Owner will specify the date when the changes to the Terms will come into effect.